82 FR 19190 - Suspension of Community Eligibility
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency Federal Register Volume 82, Issue 79 (April 26, 2017)
Federal Emergency Management Agency
Federal Register Volume 82, Issue 79 (April 26, 2017)
| Page Range | 19190-19191 | |
| FR Document | 2017-08375 |
[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)] [Rules and Regulations] [Pages 19190-19191] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08375] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8475] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book. DATES: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of [[Page 19191]] Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64--[AMENDED] 0 1. The authority citation for part 64 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. Sec. 64.6 [Amended] 0 2. The tables published under the authority of Sec. 64.6 are amended as follows: ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ Community cancellation of Current effective map Date certain federal State and location No. sale of flood date assistance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region V Minnesota: Badger, City of, Roseau 270412 April 22, 1975, April 19, 2017........ April 19, 2017. County. Emerg; June 8, 1984, Reg; April 19, 2017, Susp.. Chatfield, City of, 270125 April 15, 1982, ......do.............. Do. Fillmore and Olmsted Emerg; August 2, Counties. 1982, Reg; April 19, 2017, Susp.. Dover, City of, Olmsted 270566 March 15, 1982, ......do.............. Do. County. Emerg; April 15, 1982, Reg; April 19, 2017, Susp.. Eyota, City of, Olmsted 270329 December 3, 1981, ......do.............. Do. County. Emerg; December 15, 1981, Reg; April 19, 2017, Susp.. Olmsted County, 270626 April 17, 1984, ......do.............. Do. Unincorporated Areas. Emerg; May 19, 1981, Reg; April 19, 2017, Susp.. Oronoco, City of, Olmsted 270330 July 3, 1974, ......do.............. Do. County. Emerg; November 4, 1981, Reg; April 19, 2017, Susp.. Pine Island, City of, 270145 September 4, ......do.............. Do. Goodhue and Olmsted 1974, Emerg; Counties. March 2, 1981, Reg; April 19, 2017, Susp.. Rochester, City of, Olmsted 275246 April 3, 1970, ......do.............. Do. County. Emerg; March 26, 1971, Reg; April 19, 2017, Susp.. Roseau, City of, Roseau 270414 April 26, 1974, ......do.............. Do. County. Emerg; September 29, 1978, Reg; April 19, 2017, Susp.. Roseau County, 270633 April 26, 1974, ......do.............. Do. Unincorporated Areas. Emerg; January 2, 1980, Reg; April 19, 2017, Susp.. Stewartville, City of, 270332 May 7, 1975, ......do.............. Do. Olmsted County. Emerg; September 2, 1982, Reg; April 19, 2017, Susp.. Warroad, City of, Lake Of 270415 July 3, 1974, ......do.............. Do. The Woods and Roseau Emerg; December Counties. 4, 1979, Reg; April 19, 2017, Susp.. Region VI Louisiana: Baldwin, Town of, St. Mary 220193 April 23, 1973, ......do.............. Do. Parish. Emerg; December 15, 1978, Reg; April 19, 2017, Susp.. St. Mary Parish, 220192 April 6, 1973, ......do.............. Do. Unincorporated Areas. Emerg; September 3, 1980, Reg; April 19, 2017, Susp.. ---------------------------------------------------------------------------------------------------------------- -do- =Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: April 13, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2017-08375 Filed 4-25-17; 8:45 am] BILLING CODE 9110-12-P
![19190 Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations
The current operating schedule as set suspension on the effective dates listed suspension of such communities will be
out in 33 CFR 117.733(c) allows the within this rule because of published in the Federal Register.
bridge to remain in the closed-to- noncompliance with the floodplain In addition, FEMA publishes a Flood
navigation position from 8 a.m. on management requirements of the Insurance Rate Map (FIRM) that
December 1, 2016, until 8 p.m. on program. If the Federal Emergency identifies the Special Flood Hazard
March 31, 2017. Under this modified Management Agency (FEMA) receives Areas (SFHAs) in these communities.
temporary deviation, the bridge will documentation that the community has The date of the FIRM, if one has been
continue to remain in the closed-to- adopted the required floodplain published, is indicated in the fourth
navigation position from 8 p.m. on management measures prior to the column of the table. No direct Federal
March 31, 2017, to 8 p.m. on April 28, effective suspension date given in this financial assistance (except assistance
2017. rule, the suspension will not occur and pursuant to the Robert T. Stafford
The Barnegat Bay on the New Jersey a notice of this will be provided by Disaster Relief and Emergency
Intracoastal Waterway is used by a publication in the Federal Register on a Assistance Act not in connection with a
variety of vessels including small subsequent date. Also, information flood) may be provided for construction
government and public vessels, small identifying the current participation or acquisition of buildings in identified
commercial vessels, and recreational status of a community can be obtained SFHAs for communities not
vessels. The Coast Guard has carefully from FEMA’s Community Status Book participating in the NFIP and identified
considered the nature and volume of (CSB). The CSB is available at https:// for more than a year on FEMA’s initial
vessel traffic on the waterway in www.fema.gov/national-flood- FIRM for the community as having
publishing this temporary deviation. insurance-program-community-status- flood-prone areas (section 202(a) of the
Vessels able to safely pass through the book. Flood Disaster Protection Act of 1973,
bridge in the closed position may do so DATES: The effective date of each
42 U.S.C. 4106(a), as amended). This
at any time. The bridge will not be able community’s scheduled suspension is prohibition against certain types of
to open for emergencies and there is no the third date (‘‘Susp.’’) listed in the Federal assistance becomes effective for
immediate alternate route for vessels to third column of the following tables. the communities listed on the date
pass. The Coast Guard will also inform shown in the last column. The
FOR FURTHER INFORMATION CONTACT: If
the users of the waterways through our Administrator finds that notice and
you want to determine whether a
Local and Broadcast Notices to Mariners public comment procedures under 5
particular community was suspended
of the change in operating schedule for U.S.C. 553(b), are impracticable and
on the suspension date or for further
the bridge so that vessel operators can unnecessary because communities listed
information, contact Patricia Suber,
arrange their transit to minimize any in this final rule have been adequately
Federal Insurance and Mitigation
impact caused by the temporary notified.
Administration, Federal Emergency Each community receives 6-month,
deviation. Management Agency, 400 C Street SW.,
In accordance with 33 CFR 117.35(e), 90-day, and 30-day notification letters
Washington, DC 20472, (202) 646–4149. addressed to the Chief Executive Officer
the drawbridge must return to its regular
SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be
operating schedule immediately at the
enables property owners to purchase suspended unless the required
end of the effective period of this
Federal flood insurance that is not floodplain management measures are
temporary deviation. This deviation
otherwise generally available from met prior to the effective suspension
from the operating regulations is
private insurers. In return, communities date. Since these notifications were
authorized under 33 CFR 117.35.
agree to adopt and administer local made, this final rule may take effect
Dated: April 20, 2017. floodplain management measures aimed within less than 30 days.
Hal R. Pitts, at protecting lives and new construction National Environmental Policy Act.
Bridge Program Manager, Fifth Coast Guard from future flooding. Section 1315 of FEMA has determined that the
District. the National Flood Insurance Act of community suspension(s) included in
[FR Doc. 2017–08395 Filed 4–25–17; 8:45 am] 1968, as amended, 42 U.S.C. 4022, this rule is a non-discretionary action
BILLING CODE 9110–04–P prohibits the sale of NFIP flood and therefore the National
insurance unless an appropriate public Environmental Policy Act of 1969 (42
body adopts adequate floodplain U.S.C. 4321 et seq.) does not apply.
DEPARTMENT OF HOMELAND management measures with effective Regulatory Flexibility Act. The
SECURITY enforcement measures. The Administrator has determined that this
communities listed in this document no rule is exempt from the requirements of
Federal Emergency Management longer meet that statutory requirement the Regulatory Flexibility Act because
Agency for compliance with program the National Flood Insurance Act of
regulations, 44 CFR part 59. 1968, as amended, Section 1315, 42
44 CFR Part 64 Accordingly, the communities will be U.S.C. 4022, prohibits flood insurance
[Docket ID FEMA–2017–0002; Internal suspended on the effective date in the coverage unless an appropriate public
Agency Docket No. FEMA–8475] third column. As of that date, flood body adopts adequate floodplain
insurance will no longer be available in management measures with effective
Suspension of Community Eligibility the community. We recognize that some enforcement measures. The
AGENCY: Federal Emergency of these communities may adopt and communities listed no longer comply
Management Agency, DHS. submit the required documentation of with the statutory requirements, and
mstockstill on DSK30JT082PROD with RULES
ACTION: Final rule. legally enforceable floodplain after the effective date, flood insurance
management measures after this rule is will no longer be available in the
SUMMARY: This rule identifies published but prior to the actual communities unless remedial action
communities where the sale of flood suspension date. These communities takes place.
insurance has been authorized under will not be suspended and will continue Regulatory Classification. This final
the National Flood Insurance Program to be eligible for the sale of NFIP flood rule is not a significant regulatory action
(NFIP) that are scheduled for insurance. A notice withdrawing the under the criteria of section 3(f) of
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![Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations 19191
Executive Order 12866 of September 30, information for purposes of the Authority: 42 U.S.C. 4001 et seq.;
1993, Regulatory Planning and Review, Paperwork Reduction Act, 44 U.S.C. Reorganization Plan No. 3 of 1978, 3 CFR,
58 FR 51735. 3501 et seq. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
Executive Order 13132, Federalism. 3 CFR, 1979 Comp.; p. 376.
List of Subjects in 44 CFR Part 64
This rule involves no policies that have § 64.6 [Amended]
federalism implications under Executive Flood insurance, Floodplains.
Order 13132. Accordingly, 44 CFR part 64 is ■ 2. The tables published under the
Executive Order 12988, Civil Justice amended as follows: authority of § 64.6 are amended as
Reform. This rule meets the applicable PART 64—[AMENDED] follows:
standards of Executive Order 12988.
Paperwork Reduction Act. This rule ■ 1. The authority citation for part 64
does not involve any collection of continues to read as follows:
Date certain
federal
Community Effective date authorization/cancellation of Current effective
State and location assistance no
No. sale of flood insurance in community map date longer available
in SFHAs
Region V
Minnesota:
Badger, City of, Roseau County ........... 270412 April 22, 1975, Emerg; June 8, 1984, Reg; April 19, 2017 ... April 19, 2017.
April 19, 2017, Susp..
Chatfield, City of, Fillmore and Olmsted 270125 April 15, 1982, Emerg; August 2, 1982, ......do ............... Do.
Counties. Reg; April 19, 2017, Susp..
Dover, City of, Olmsted County ............ 270566 March 15, 1982, Emerg; April 15, 1982, ......do ............... Do.
Reg; April 19, 2017, Susp..
Eyota, City of, Olmsted County ............. 270329 December 3, 1981, Emerg; December 15, ......do ............... Do.
1981, Reg; April 19, 2017, Susp..
Olmsted County, Unincorporated Areas 270626 April 17, 1984, Emerg; May 19, 1981, Reg; ......do ............... Do.
April 19, 2017, Susp..
Oronoco, City of, Olmsted County ........ 270330 July 3, 1974, Emerg; November 4, 1981, ......do ............... Do.
Reg; April 19, 2017, Susp..
Pine Island, City of, Goodhue and 270145 September 4, 1974, Emerg; March 2, 1981, ......do ............... Do.
Olmsted Counties. Reg; April 19, 2017, Susp..
Rochester, City of, Olmsted County ...... 275246 April 3, 1970, Emerg; March 26, 1971, Reg; ......do ............... Do.
April 19, 2017, Susp..
Roseau, City of, Roseau County ........... 270414 April 26, 1974, Emerg; September 29, ......do ............... Do.
1978, Reg; April 19, 2017, Susp..
Roseau County, Unincorporated Areas 270633 April 26, 1974, Emerg; January 2, 1980, ......do ............... Do.
Reg; April 19, 2017, Susp..
Stewartville, City of, Olmsted County .... 270332 May 7, 1975, Emerg; September 2, 1982, ......do ............... Do.
Reg; April 19, 2017, Susp..
Warroad, City of, Lake Of The Woods 270415 July 3, 1974, Emerg; December 4, 1979, ......do ............... Do.
and Roseau Counties. Reg; April 19, 2017, Susp..
Region VI
Louisiana:
Baldwin, Town of, St. Mary Parish ........ 220193 April 23, 1973, Emerg; December 15, 1978, ......do ............... Do.
Reg; April 19, 2017, Susp..
St. Mary Parish, Unincorporated Areas 220192 April 6, 1973, Emerg; September 3, 1980, ......do ............... Do.
Reg; April 19, 2017, Susp..
-do- =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: April 13, 2017. DEPARTMENT OF TRANSPORTATION SUMMARY: The Office of the Secretary of
Michael M. Grimm, Transportation is updating the
Assistant Administrator for Mitigation, Office of the Secretary regulations that govern the organization
Federal Insurance and Mitigation of DOT to clarify the responsibilities of
Administration, Department of Homeland 49 CFR Part 1 certain OST officials and their
Security, Federal Emergency Management relationships with senior leaders
[Docket No. DOT–OST–2012–0123] throughout DOT. These updates will
Agency.
[FR Doc. 2017–08375 Filed 4–25–17; 8:45 am] RIN 2105–AE64 ensure that heads of DOT operating
BILLING CODE 9110–12–P
administrations have the benefit of
Organization and Delegation of Powers input from OST officials in carrying out
mstockstill on DSK30JT082PROD with RULES
and Duties their management responsibilities.
DATES: Effective April 26, 2017.
AGENCY: Office of the Secretary (OST),
U.S. Department of Transportation FOR FURTHER INFORMATION CONTACT:
(DOT). Brett A. Jortland, Deputy Assistant
General Counsel for Regulation, (202)
ACTION: Final rule.
366–9314.
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Document Created: 2017-04-26 03:15:43
Document Modified: 2017-04-26 03:15:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
| Contact | If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149. | |
| FR Citation | 82 FR 19190 | |
| CFR Associated | Flood Insurance and Floodplains |
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